2024 (10) TMI 588

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....d by the Assessee against Intimation Order, dated 31/10/2019, passed under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The appellant has raised following grounds of appeal : "1. CIT(A)') erred in not condoning the delay in filing of the Appeal against intimation u/s. 143(1) without considering the factual reasons of the case of the Appellant and against the principle of natural justice, as on merit also the addition in the intimation u/s. 143(1) was erroneous and continued in order u/s. 143(3). 2. Without prejudice to the above, on the facts and circumstances of the case and in law, the Ld CIT(A) erred not deleting the adjustment of Rs. 70,34,565/- which was made by erroneously considering ....

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....ppellant was processed and intimation under Section 143(1) of the Act was issued on 30/10/2019 whereby business income of the Appellant was increased by INR. 70,34,565/- as the income of the Appellant was computed at INR. 34,23,801/- as against the returned loss of INR. 36,10,764/-. Being aggrieved, the Appellant preferred appeal before the CIT(A) which was dismissed as being barred by limitation. Hence the present appeal before the Tribunal. 4. We have heard both the sides and perused the material on record. 5. The relevant facts as emerging from the record are that Appellant filed return of income for the Assessment Year 2018-2019 on 26/09/2018. Subsequently, the case of the Appellant was selected for scrutiny and notice under Section 1....

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....l the Learned Authorised Representative for the Appellant reiterated the submissions made before the CIT(A) and submitted that the CIT(A) failed to appreciate the factual position and the submission of the Appellant while declining to condone the delay. It was submitted that the Appellant had a good case on merits as was apparent from the documents on record. The Learned Authorised Representative took us through the documents placed as part of the paper-book to substantiate his submission that the Appellant had already offered the capital gains income to tax and that the addition of INR 70,34,565/- resulted in double taxation of same income in the hands of the Appellant. 7. Per Contra, the Learned Departmental Representative supported the ....

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....annot be said to be unreasonable. We note that the appeal before the CIT(A) was instituted on 13/08/2021. At the relevant time the nation was gripped with Covid 19 pandemic. Vide order, dated 10/01/2022, passed in Suo Moto Writ Petition (C) No. 3 of 2022, the Hon'ble Supreme Court had, inter alia, provided additional time in cases where the period of limitation expired during the specified period starting from 15/03/2020 and ending on 28/02/2022. Part of the period of delay falls within the aforesaid period, in case the same is excluded, the period of delay gets reduced partially. In our view, no benefit would have accrued to the Appellant by delaying filing of appeal before the CIT(A) against the Intimation Order, dated 31/10/2019. 7.2. W....